Md. Jafar Hussain @ Jafar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55174 of 2016 Arising Out of PS.Case No. -251 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ====================================================== Md. Jafar Hussain @ Jafar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
This is an application for grant of regular bail for offences punishable under Section 376 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though FIR has been lodged against the petitioner under Section 376 IPC but the police after investigation has found the case which was registered under Section 376 IPC rather submitted the chargesheet under Section 354, another Section of the IPC. There is land dispute between the parties and petitioner has no criminal antecedent. It has also been submitted that petitioner is in custody for about four months.
Heard learned A.P.P. Also.
Considering the facts and circumstances of the case and also
Patna High Court Cr.Misc. No.55174 of 2016 (2) dt.11-01-2017 2/2 in view of the fact that after investigation, police has not found the case under Section 376 IPC and also considering the fact that the petitioner has no criminal antecedent and remain in custody of about four months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ Ist, Katihar in connection with Azamnagar (O.P. Salmari) P.S. Case No.251/2016 (G.R. No.3191/16) with condition that he will cooperate during the trial and he will not make any gesture to make any induce during the trial. (Vinod Kumar Sinha, J) Sanjeev/- U T